Property

satyen gadhvi (Querist) 07 February 2012 This query is : Resolved
I am married women since 13 years and have child of 12 years. My husband was never cooperative since our marriage..and use to beat and torture me. However My father in law & mother in law were cooperative and therefore for sake of my child i continue to live with him. Now..recently my father in law expired without making a will. Now my mother in law, sister in laws and their husbands and my husband are insisting me for divorce. I am worried about my child future. (1) Can you please guide me legal remedy available to me for securing the future of my child?
(2) can we treat the properties left by my father in law (which was purchased by him from his own income)which he never made a will - a ancestral property?
(3) what share will my child get from the property left by my father in law?
awaiting the urgent guidance.

Thank you in advance.

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Devajyoti Barman (Expert) 07 February 2012
1. You can ask for maintenance both for yourself and your children under section 125 crpc or u/s 12 of PWDV Act or u/s 24 of HMA.

2. You or children can not have any share in the property left by your FIL.

3.Nothing.

Deepak Nair (Expert) 08 February 2012
Dear Mr.barman,
Since there is no will by her father in law, won't the property be devided equally among his children??
if yes, then i think the son of the querist too is entitled for the share of his father?
Please rectify me if i am incorrect.